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25 Oct 2012, 4:35 am by Lawrence Solum
Neil Siegel (Duke University - School of Law) has posted More Law than Politics: The Chief, The 'Mandate', Legality, and Statesmanship (The Health Care Case: The Supreme Court's Decision and Its Implications (Nathaniel Persily, Gillian E. [read post]
17 Jul 2012, 5:50 am by JB
A version of these will appear in the 2012 Supplement to Brest, Levinson, Balkin, Amar and Siegel, Processes of Constitutional Decisionmaking (5th edition). [read post]
15 Jul 2012, 11:09 am by Rick Hills
Neil Siegel has an interesting post at Balkinization against reading Congress' powers more narrowly when Congress invades so-called "areas of traditional state concern. [read post]
13 Jul 2012, 6:43 am by Rachel Sachs
Commentary on the Court’s Commerce Clause reasoning comes from Neil Siegel at Balkinization and Randy Barnett at Reason (video). [read post]
10 Jul 2012, 7:17 am by Nabiha Syed
Sebelius, Neil Siegel and Robert Cooter discuss their theory of the tax power and how it justifies the Chief Justice’s analysis. [read post]
10 Jul 2012, 7:17 am by Nabiha Syed
Sebelius, Neil Siegel and Robert Cooter discuss their theory of the tax power and how it justifies the Chief Justice’s analysis. [read post]
9 Jul 2012, 9:48 am by Neil Siegel and Robert Cooter
Selvin Professor of Law at Berkeley Law School, and Neil Siegel, Professor of Law and Political Science at Duke Law School. [read post]
6 Jul 2012, 7:21 pm by vm40@duke.edu
“Arguments by liberal scholars who care about constitutional text and history, such as Neil Siegel of Duke Law School, were reflected in Chief Justice Roberts’s opinion about the taxing power,” wrote Jeffrey Rosen in The New Republic. [read post]
6 Jul 2012, 7:01 pm by vm40@duke.edu
Publication Date Window: Thursday, June 28, 2012 to Saturday, July 28, 2012Faculty tags: Neil S. [read post]
6 Jul 2012, 6:59 pm by vm40@duke.edu
Publication Date Window: Thursday, June 28, 2012 to Saturday, July 28, 2012Faculty tags: Neil S. [read post]
5 Jul 2012, 2:14 pm by Randy Barnett
Thus the ACA’s exaction for non-insurance has a penalty’s expression and a tax’s materiality. [read post]
5 Jul 2012, 8:53 am by Cormac Early
At Verdict, Neil Buchanan argues that the majority was right to hold that the mandate falls under Congress’s taxing power. [read post]
1 Jul 2012, 9:26 am by Marc DeGirolami
SECOND ADDENDUM: Neil Siegel has something on this as well (referring in his post to a forthcoming Va. [read post]
29 May 2012, 7:05 pm by Ilya Somin
Last year, I reviewed Cooter and Siegels excellent Stanford Law Review article on the subject for the Jotwell website. [read post]
29 May 2012, 6:18 pm by Jonathan H. Adler
” The case for a “collective action federalism” of this sort has been made at greater length by Neil Siegel and Robert Cooter in the Stanford Law Review, and by Professor Siegel on these pages. [read post]
25 May 2012, 6:53 am by Sam Bagenstos
 Neil Siegel and others have offered arguments for upholding the mandate based on constitutional structure. [read post]
8 May 2012, 12:35 pm by Guest Blogger
For one thing, the Court could easily also set out some limiting principles on the taxing power, along the lines sketched nicely by Bob Cooter and Neil Siegel, that would be fully consistent with § 5000A. [read post]
3 May 2012, 8:52 pm by Lawrence Solum
Purdy and Neil Siegel (Duke University - School of Law and Duke University - School of Law) have posted The Liberty of Free Riders: The Minimum Coverage Provision, Mill’s 'Harm Principle,' and American Social Morality (American Journal of Law and Medicine, Vol. 38, Nos. 2&3, p. 374, 2012) on SSRN. [read post]
19 Apr 2012, 4:37 am by Lawrence Solum
Neil Siegel (Duke University - School of Law) has posted Jack Balkin's Rich Historicism and Diet Originalism: Health Benefits and Risks for the Constitutional System (Michigan Law Review, Vol. 111, 2013) on SSRN. [read post]